It is possible to file a motion to dismiss in lieu of an answer. If that happens, the court will hear the motion to dismiss. At that time you will have to produce an Affidavit of Merit. that's a document signed by another professional with the same credential indicating that they have reviewed the case and believe that the services provided were below the standard. If you sue a doctor for malpractice, you must get a doctor with the same qualifications to do the Affidavit of Merit. If you sue and attorney, you must get an attorney with the same qualifications to do the Affidavit. you must have that Affidavit in order to defeat the motion to dismiss.
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